Suffolk Landlord Tenant Law

Suffolk County District Court: Landlord & Tenant Court

All Landlord & Tenant Court courthouses are open Monday - Friday from 9 a.m. to 5 p.m. and are closed and locked from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon.

Calendars are called at 9:30 a.m.

Adjournment requests must be in writing and will not be considered by phone. The parties must be notified of all adjournment requests.

Landlord and Tenant (L&T) Court proceedings require a high level of understanding
of the law and rules of New York State.
While you have a right to proceed without an attorney, this
court suggests that you consult with an attorney before proceeding
as a self-represented litigant.

Landlord Tenant (LT) cases without a future calendar date or after 14 days past the last appearance will not be found. Cases prior to 2006 will not be found unless the case has been restored or calendared since 2013. Sealed cases will not be found.

Non-Payment proceedings - brought only after there is a default in the payment of rent, and the
landlord demands that the tenant pay the rent or move from the property
(and is not subject to any limitation in the amount of unpaid rent that
can be awarded in a summary proceeding).

Holdover proceedings - brought when a person remains in possession of real property after
the
term of a tenancy expires, for example when a lease ends or after
service of a termination notice

There are other proceedings (some are listed in RPAPL §713 and RPAPL §715) - you should speak to an attorney
to
draft your papers.

This Court strongly recommends that you retain an
attorney. Proceedings to recover real property require
knowledge of the law and familiarity with local rules and practices.

If are an
individual person who is the homeowner and landlord, and you wish
to proceed without an attorney, you will be responsible for preparing
your papers in accordance with the law without any assistance from
the Court Clerk or the court staff.

A NOTICE OF PETITION must be issued by an attorney or the Court Clerk to compel the appearance of the tenant in Court. The Court Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION only if the papers are correct.

Probably. There may be specific legal prerequisites
to the
institution of your proceeding to recover real property (such as a 3
day notice or 30 day notice). You should consult with an attorney or
refer to the Real Property Law or Real
Property Actions & Proceedings Law to be sure you have met all
requirements.

A Non-payment Summary Proceeding usually is
preceded by the landlord demanding that the tenant pay the rent,
either in writing or orally.

A Holdover Summary Proceeding is usually preceded
by the landlord informing the tenant to leave by a certain date, either
in writing or orally.

The landlord or the landlord's attorney finds a process server to serve a copy of the papers filed with the Court on each tenant.

Professional process servers may be found in the phone book or online. A copy of the papers must be served by someone over the age of 18, who is not a party to the action. Service must be in full compliance with the law.

The respondent/tenant must be given no less than 5 days notice and no more than 12 days notice of the court date. If the papers are handed directly to the tenant (personal delivery) the 5 day period is counted from the actual date of service. If the papers are served on the defendant by any other type of personal service, the 5 days are counted from the date the papers were filed with the Court along with proof of service.

After each tenant is served with a copy of the papers, the process server must swear on a form called an AFFIDAVIT OF SERVICE as to how the the papers were served. Proof of service must be filed with the clerk within 3 days of effecting service.

Bring with you all evidence necessary to prove your claim or your defense.
Anything that will help prove the facts in dispute should be brought to Court.
This includes written agreements, leases, receipts and photographs. Originals
(not photocopies) may be required, if available. All public documents must
be certified by the agency producing such documents (a certification is a
statement that the documents are true copies of an agency's records - the agency should be able to tell you how to get the records certified).

Landlords should bring:

the original or certified copy of the deed to the building

the lease or written agreement for the party you are suing, if there is
one

Check to make sure your case is on the calendar, posted in the courthouse. You will need your index number to find the case on the calendar.

At the call of the calendar in the courtroom, identify yourself. If all parties are present, the Judge will probably request that you try to settle the case - a voluntary, binding
agreement that resolves the differences between the parties to a lawsuit. It is
put in writing in a document called a stipulation. In a
settlement you can help determine the outcome of a case. However, no one can force you to settle a case.
Also, no case should be settled unless and until the settlement has been
reviewed by a Judge and you understand the terms of the agreement.

If you cannot settle the case, the Judge will have a hearing.

Generally, the landlord presents his or her case first. After being sworn as a witness,
the landlord or the landlord’s managing agent will tell his or her version of the claims in the case.
The landlord may offer certain documents into evidence. When the landlord
or the person on the landlord’s behalf has finished testifying, the tenant has
the right to ask questions. This is called cross-examination. Sometimes a
Judge may ask some questions to clarify matters. Other witnesses can be
presented in support of the landlord’s claims, and they, too can be cross-examined by the tenant or may be asked questions by the Judge.

The tenant will then be sworn as a witness and tell his or her side of the story and
present evidence. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. Sometimes a Judge may ask some questions to clarify matters. Other
witnesses can be presented in support of the tenant’s claims, and they, too, can be cross-examined by the landlord or may be asked questions by the Judge.

Parties to a lawsuit have a right to object to the introduction of evidence or the way a
question is being asked or answered. The proper way to object is to say “objection.” The Judge
may then ask what the basis for the objection is. If the Judge agrees with the objection, the Judge
will say “sustained” and the evidence will not be admitted. If the Judge disagrees with the
objection, the Judge will say “overruled” and the evidence will be admitted.

If the landlord wins, a summary proceeding concludes with a judgment, which is a prerequisite for issuing a WARRANT OF EVICTION. A WARRANT OF EVICTION is comparable to an execution in a civil action. After a WARRANT OF EVICTION is issued by the court (you must request it - see below - and you receive it in the mail) you must file it with the Suffolk
County Sheriff. The Suffolk County Sheriff must give at least 72 hours notice (a 72 HOUR NOTICE) before evicting a respondent from the premises.

Attorneys must file a proposed JUDGMENT OF POSSESSION
(like the Blumberg
T-1412, T-1413, or T-1414) and WARRANT OF EVICTION (like the Blumberg
T-1408 or T-1409) with
the Court Clerk. The Court will generate the
appropriate papers. Attorneys may submit a proposed MONEY JUDGMENT and
pay the fee for a TRANSCRIPT OF JUDGMENT at the time the WARRANT and
JUDGMENT are submitted, and the Clerk will issue the TRANSCRIPT OF
JUDGMENT to be
used in enforcing any money
judgment.

Include a stamped self-addressed envelope with
the
proposed papers or written request. The Clerk will mail the papers to
the attorney of record or if there is no attorney, to the
self-represented landlord.

Possibly, with the assistance of an attorney drawing up the correct papers.

The forms
referred to above are intended for a landlord to evict
a tenant. If the person you want to evict is not a tenant,
or if you are not the landlord, you may be able to evict
them, but not with these court forms. You may be able to
evict someone other than a tenant if an attorney is able
to draft papers and file the appropriate action (like those
listed in RPAPL §713 and RPAPL §715).

A tenant may bring a summary proceeding to
recover
possession of premises from which he or she has been forcibly put out
or kept out (RPAPL §721(4)). A tenant must bring such a
proceeding within three years of ouster (RPAPL §713(10)).